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COOK v. UNITED STATES

No. 4382.

4 F.2d 517 (1925)

COOK v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 11, 1925.

Attorney(s) appearing for the Case

Joseph W. Bailey, of Dallas, Tex., and Herbert C. Wade, of Fort Worth, Tex. (Joseph F. Greathouse and John E. McGinness, both of Fort Worth, Tex., on the brief), for plaintiff in error.

Henry Zweifel, U. S. Atty., of Fort Worth, Tex., and John S. Pratt and Sylvester R. Rush, Sp. Asst. Attys. Gen., for the United States.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

WALKER, Circuit Judge.

The plaintiff in error, Frederick A. Cook, was convicted under an indictment charging use of the mails for the purpose of executing an alleged scheme to defraud. What is relied on for a reversal is the action of the court in overruling a motion to quash the indictment because of alleged illegalities in the organization and composition of the grand jury which found it, and statements made by the court in the presence of the jury in reference...

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